This paper discusses the conflict between Customary International Law and the Rome Statute. It explains the dilemma Kenya finds itself in its commitment to the ICC warrant of arrest on Bashir, on one hand, and its diplomatic relations with Sudan. It further discusses the geopolitics of the horn of Africa and its implication on Kenya's court decision to prefer warrant of arrest on President Al-Bashir should he set foot in Kenya. It concludes that the Kenyan courts find itself passing a decision that is very difficult to implement.
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